Minutes:
Councillor Davies left at this point in the meeting.
The Licensing Officer introduced the report and drew attention to the following:
· QZ applied for a Hackney Carriage Licence on 29 July 2021, his previous licence expired on 11 Feb 2021. He was out of the country between February and June.
· He appeared at PSP on 7 July 2020 due to an undeclared historical conviction and more recent housing offences.
· He was issued a temporary licence and was required to complete the knowledge test, gold standard and medical test.
· Committee is asked to reconsider his offences due to the change in BCC policy. Members do not need to consider the medical today, but officers would need that information before granting the licence.
The appellant gave the following evidence:
· That he completed his Gold Standard course in October of last year, but the training company has not yet issued his certificate. QZ presented an email to the committee stating his course was currently being marked.
· He undertook a medical examination on 29 July 2021 and sent the details to the council, however more information was required.
· He had difficulty managing his licence and applications due to travelling between the UK and Pakistan during Covid.
· QZ has held a licence since 2000 and has never had any offences or complaints relating to his taxi work.
· In 2016/17 QZ’s brother added his name to some of his properties without his knowledge. There was an offence of not giving BCC necessary information on these properties, which was registered against me.
· He said that due to his offences being registered on CRB, BCC should know it is there. It is also a spent conviction.
After questioning from the sub-committee, the following information was confirmed
· It is a condition of the licence that drivers declare all offences to the council.
· That the medical is not part of the proceedings today, but officers had requested additional medical information beyond what QZ had already submitted.
· The committee is being asked to consider his offences and the request for exemption from the knowledge test. QZ has been a licenced taxi driver for over 20 years apart from a 6 to 12-month period, so views the test as unnecessary.
The applicant was given the opportunity to sum up, then parties left the room while the sub-committee deliberated.
Decision
The convictions which relate to failing to complete forms and which have previously been considered by committee would not debar QZ from being granted a licence. There had been no complaints concerning QZ’s conduct as a HCD since.
The application for the exemption from the Knowledge test is refused.
The application will be deferred pending QZ successfully completing the knowledge test, providing evidence of successful completion of the Gold Standard test and providing updated and incomplete medical evidence in order to satisfy the group 2 criteria.
Reasons
The convictions would not debar QZ from being granted a licence. However, there were several other issues that needed to be considered that might place a question mark over QZ’s suitability to hold a licence.
The main purpose of the report was to consider whether QZ could be treated as an exception to Council policy by being granted an exemption from the knowledge test. The committee did not consider that QZ should be treated as an exception to Council policy and the knowledge test would need to be completed by QZ in order to satisfy that element of the fit and proper person test. This is consistent with the previous committee decision and ensures consistency and fairness throughout the trade.
It was also noted that QZ had not satisfied the Group 2 medical criteria. This was also crucial in order to satisfy the fit and proper person test.
He would also need to produce evidence of successful completion of the Gold Standard course.
Until all of this information is received, the Council is not in a position to determine the application.